Dismissed for showing indecent video of child: long service did not save her job

A video on a phone that ended a career

This case shows how a single incident can unravel years of loyal service. The claimant, a team leader with over 16 years' unblemished service at a major facilities management company, was dismissed after three colleagues saw an indecent video of child abuse on her phone. She denied showing it to them, but the employer believed the witnesses and dismissed her for gross misconduct.

What the employer did right

The employer suspended the claimant, carried out a thorough investigation, held a disciplinary hearing with a different manager, and provided a right of appeal. The tribunal noted that the employer had a genuine belief in the claimant's misconduct, based on the witnesses' accounts, and that the investigation was reasonable. The employer's zero-tolerance policy on such content meant that dismissal was within the band of reasonable responses, even for a long-serving employee.

Why the claim failed

The claimant argued that the employer should have given more weight to her denial and her long service. However, the tribunal found that the employer was entitled to prefer the evidence of the three colleagues. The decision to dismiss was not outside the range of responses a reasonable employer could take. The tribunal also noted that the claimant's length of service, while relevant, did not make the dismissal unfair given the seriousness of the conduct.

What this means for similar cases

This case reinforces that employers can dismiss for gross misconduct based on witness evidence, even when the employee denies the conduct. It also highlights that a zero-tolerance policy on child abuse content will usually justify dismissal, regardless of the employee's length of service or previous good record. Employees in similar situations should understand that a reasonable investigation and genuine belief by the employer are key factors that tribunals will uphold.